EXHIBIT A - ATTACHED TO FORM OF ASSIGNMENT OF LEASE DOWNTOWN BLOCK PSA.PDF

Exhibit A - Attached to Assignment of Lease

LEASE AGREEMENT

Between
Wisotsky Properties, L.L.C.
and

The Pressroom LLC

THIS LEASE AGREEMENT (“Lease”) is entered into as of this / day of Ape il 5 2019;
between Wisotsky Properties, L.L.C., an Arizona limited liability company (“Landlord”) and The.
Pressroom LLC, an Arizona limited liability company (“Tenant”), and the parties agree as.
follows:

1. Basic Lease Information

Li Parties

Landiord: Wisotsky Properties, L.L.C.
an Arizona limited liability company
Address for Rent: c/o M.H. Marr
1815 East Palmaire Avenue . .
Phoenix Arizona 85020

Tenant(s): The Pressroom, LLC

an Arizona limited liability company
Address: 441 West Madison Street

Phoenix, Arizona 85003

12 Project

The term “Project” means the Premises (as defined below) together with any related land;
improvements, parking facilities, common areas, driveways, sidewalks, and landscaping generally
located along Madison Street between Fourth and Fifth Avenues in Phoenix, Arizona.

13 Premises

The term “Premises” means +/- 12,820 gross square feet inside the commercial building
located at 441 West Madison Street in Phoenix, Arizona as well as the storage area bounded by
the chain-link fence and the patio (the area bounded by the electrical poles on the south and the
south/rear wall of the commercial building at 441 West Madison Street on the north)(the “Patio”)
Patio and three (3) designated parking spaces at the Project all as depicted in Exhibit “A.”

1.4 Term
The term of this Lease (the “Term”) begins on the Commencement Date and continues until

April 1, 2024, subject to P: h_15, or unless otherwise extended by Landlord and Tenant
under the provisions of this paragraph. The parties may mutually agree to extend the Lease on the

—

terms contained in this Lease for an additional five (5) years, and the parties will make any such
extension in writing executed by representatives of each party with the ability to legally bind each
party. Tenant will provide Landlord written notice of Tenant’s desire to extend the Lease no
fewer than ninety (90) calendar days prior to the expiration of the current Lease term. Upon
receipt of such notice from Tenant, Landlord will have ten (10) days to decide whether to extend
the Lease. In the event Landlord decides not to extend the Lease, the Lease will terminate upon
the expiration of the current Lease term.

1.5 Commencement Date

The Commencement Date is April 1, 2019.

1.6 Rent

The parties acknowledge and agree that Tenant will pay Landlord monthly rent in the amount
of Eleven Thousand Five Hundred Dollars ($11,500)(the “Base Rent”). The Base Rent is in
effect for the first twenty four (24) months following the Commencement Date. Beginning on
April 1, 2021, and continuing for an additional thirty six (36) months, monthly rent is Twelve
Thousand Five Hundred Dollars ($12,500)(the “Year 3-5 Rent”). If the parties agree to an
extension as described in this Lease, beginning on April 1, 2024, monthly rent is Thirteen
Thousand Five Hundred Dollars ($13,500)(the “Year 6 Rent”). In the event the Lease is extended
for any period after April 1, 2025, the monthly rent will increase two percent (2%) per year (the
“Year 7-10 Rent”). The parties acknowledge and agree that the following table illustrates the
parties’ agreement regarding rent:

Year 1-2 = $11,500/month

Year 3-5 = $12,500/month

Year 6 (if any) = $13,500/month
Year 7 (if any) = $13,770/month
Year 8 (if any) = $14,045/month
Year 9 (if any) = $14,326/month
Year 10 (if any) = $14,612/month

Tenant also will pay all utilities, insurance, and building maintenance.

1.7 Permitted Use

The term “Permitted Use” means the use of the Premises solely as an entertainment venue and
only for such other purposes as may comport with reasonable standards of decency and good
taste.

1.8 Net Rentable Area

The term “Net Rentable Area” means approximately twelve thousand eight hundred twenty
(12,820) square feet, not including the patio and parking spaces as depicted in Exhibit “A,” all of
which Landlord and Tenant stipulate as the rentable area of the Premises.

1.9 Common Areas
The term “Common Areas” means the public, common and service areas of the Project (both
within and outside the Premises), including lobbies, corridors, mechanical, utility, janitorial, and

service rooms, closets, restrooms, sidewalks, landscaped areas.

1.10 Reserved.

1.11 Reserved.

1.12 Related Parties

The term “Related Parties” means, with respect to Landlord or Tenant, its employees, guests,
invitees, principals (whether shareholders, members, partners, officers or otherwise), successors,
assigns and agents.

1.13 Applicable Law

The term “Applicable Law” means any and all municipal, county, state, federal or other
statutes, regulations, ordinances, codes or other laws applicable to the Project, including the use,
occupancy, operation and condition of the Project.

1.14 Mortgage

The term “Mortgage” means any mortgage, deed of trust, or other security agreement
encumbering all or any part of Landlord’s interest in the Project (with the mortgagee, beneficiary,
secured party or other holder of such security agreement referred to as a “Mortgagee”).

1.15 Adjustments

Upon request by Landlord, Tenant will execute appropriate amendments to or confirmations

with respect to this Lease as required to, among other things: (a) confirm the Commencement
Date, if other than the date estimated in Paragraph 1.5 above; (b) confirm the Term.

2. Premises

Tenant leases from Landlord the Premises as depicted on Exhibit “A,” on the terms and
conditions set forth in this Lease.

3. Tenant Payments

3.1 Tenant Payments

Throughout the Lease Term, Tenant agrees to pay Landlord as rent, at the address specified in
Paragraph 1.1 above, unless specified otherwise by Landlord, without prior demand and without
any deduction or setoff, in lawful money of the United States of America, the following (“Rent”):

(a) The Base Rent on the Commencement Date and then (the Base Rent, or, as applicable, the
Year 3-5 Rent, the Year 6 Rent, or the Year 7-10 Rent) on or before the tenth day of each calendar
month during the Lease Term;

(b) At the same time and in addition to the Rent, all excise, sales, use, rental and/or
transaction privilege taxes (but excluding Landlord’s income taxes) levied or imposed against or

on account of the terms of the Lease, but not property taxes;

(c) Tenant is responsible for paying all Project Operating Costs.

3.2 Application

All payments by Tenant under this Lease will be applied to the corresponding sums then due
Landlord; provided, that if and when Tenant is in breach of this Lease or any Late Charges,
Default Interest or other sums payable by Tenant as a result of any such breach are outstanding,
all payments by Tenant may be applied by Landlord in any manner and to such obligations of
Tenant as Landlord may determine.

4. Reserved.

5. Project Operating Costs
5.1 Project Operating Costs

(a) “Project Operating Costs” means all costs and expenses related to the Project (including
but not limited to Common Areas) which, in accordance with sound accounting principles

consistently applied to the operation and maintenance of buildings similar in locale, size and type
as the Premises (“Similar Projects”) are properly chargeable to the operation and maintenance of
the Project, including, without limitation:

qd) Water service;

(2) Insurance (including rent loss/business interruption coverage) as and if maintained
by Landlord (“Landlord’s Insurance”) which may include those coverages:

Gi) Generally maintained for Similar Projects; or
(ii) Required by any ground lease or Mortgage;

(3) Maintenance, repair and replacement of HVAC system;
(4) | Management fee.
(b) Project Operating Costs do not include:
(1) Capital improvements except to the extent (i) expended to comply with Applicable
Law; or (ii) such improvements generate savings that reduce Project Operating

Costs;

(2) Expenses for which Landlord is otherwise reimbursed (including by an insurer,
condemnation authority, tenant or otherwise); or

(3) Interest or principle and interest amortization payments on any Mortgages or other
encumbrances, basic rental payable under any ground lease or overhead and
administrative costs of Landlord to the extent not directly incurred in the operation
and maintenance of the Project, except as may be otherwise specifically set forth in
this Lease.

5.2 Reserved.

6. Taxes and Liens on Personal Property

6.1 Reserved.
6.2 Landlord’s Lien

Tenant grants to Landlord a lien on and security interest in all of Tenant’s FF&E to secure
each and all of Tenant’s obligations under this Lease which will include, but unless otherwise
required by Applicable Law not constitute, a “landlord’s lien” under Applicable Law
(“Landlord’s Security Interest”). Tenant will, upon request of Landlord, execute any documents

reasonably requested by Landlord to evidence and perfect Landlord’s Security Interest, including
but not limited to UCC-1 Financing Statements. Landlord will, at any time Tenant is not in
default under this Lease, execute any waiver or subordination of Landlord’s Security Interest
reasonably requested in connection with any bona fide lease or finance arrangement obtained by
Tenant.

7. Alterations, Additions and Improvements

7.1 Written Consent

Tenant will not make, or allow anyone to make, any alterations, additions or other
improvements to the Premises (“Additional Alterations”) without the prior written approval of
Landlord, which approval will not be unreasonably withheld; provided, that Landlord will have:

(a) No obligation to approve any proposed Additional Alteration:

(1) Affecting or obviously visible from the exterior of the Premises; or

(2) In any way affecting the structural integrity of or access to the Project; and

(b) Have the right to require, as a condition of Landlord’s approval of any Additional
Alterations, that Tenant:

(1) Submit detailed plans and specifications for Landlord’s review and comment;

(2) Pay for reasonable costs of Landlord or its architect in reviewing such plans and
specifications;

(3) Provide appropriate course of construction and other insurance;

(4) Confirm financial ability of and provision for payment for Additional Alterations;

(5) Comply with all Applicable Law, including obtaining all required governmental permits;
(6) Provide appropriate payment and performance bonds;

(7) Post and/or record appropriate notices of non-responsibility and completion;

(8) Provide lien releases upon completion;

(9) Reasonably cooperate with Landlord in timing and manner of installation of Additional
Alterations;

(10) Use properly qualified and licensed contractor(s); and

da) Otherwise comply with any reasonable requirements of any ground lease or
Mortgagee.

(c) Any improvement (including equipment) installed in the Premises for the specific use of
Tenant based on the nature of its business (“Special Improvements,” also known as “‘Additional
Alterations”) will be identified by Landlord upon approval of the plans showing such
improvement. Tenant is responsible for insuring and maintaining such improvement (including
equipment) and is responsible for any additional costs incurred due to such installation.

7.2 Surrendering Improvements

Unless otherwise specified in writing between Landlord and Tenant, any Additional
Alterations approved by Landlord will be surrendered by Tenant as part of the Premises, without
disturbance or injury, upon the expiration or earlier termination of this Lease; provided, that if
Landlord at any time requires in writing that such Additional Alterations are removed upon
expiration or earlier termination of this Lease, Tenant will promptly remove such Additional
Alterations.

7.3 No Liens

Tenant will keep the Premises and the Project free from any claims, liens, or other
encumbrances (““Tenant-Caused Claims”) arising from any work performed on the Premises by or
at the direction of Tenant or its Related Parties, or any materials furnished or obligations incurred
by or at the direction of Tenant or its Related Parties, and will indemnify, hold harmless and
defend Landlord (with counsel reasonably acceptable to Landlord) for, from and against any
Tenant-Caused Claims (including costs and reasonable attorneys’ fees), arising from any such
work performed or materials furnished by or at the direction of Tenant or its Related Parties.

8. Use
8.1 Use

Subject to any other limitations in this Lease, Tenant will use and occupy the Premises only

for the Permitted Use
8.2 Business Hours

Tenant will have access to the Premises twenty-four (24) hours per day and seven (7) days per
week.

8.3 Tenant not to Jeopardize Insurance

Tenant will not knowingly do or permit anyone else to do anything in or about the Premises
that will increase the existing rate of Landlord’s Insurance, cause the cancellation of any of
Landlord’s Insurance, or in any way obstruct or interfere with the rights of Landlord or of other
tenants or occupants of the Project. Tenant will, at its sole cost, promptly comply with all
Applicable Law, and the requirements of any board of fire underwriters or similar body now or in
the future constituted, relating to or affecting the condition, use or occupancy of the Premises.

9. Insurance
9.1 Minimum Tenant’s Insurance

(a) During the Term, Tenant will procure and maintain the following insurance (the “Tenant’s
Insurance”) at its sole cost and expense:

(1) Comprehensive general public liability insurance against claims for personal injury, death
and property damage occurring upon, in or about the Premises, with a combined single limit of
not less than Two Million Dollars ($2,000,000)(increased as reasonably requested by Landlord
not more than annually and corresponding to increases in the Base Rent); and

(2) Fire and extended coverage, vandalism, malicious mischief, and special extended perils
(all risk) insurance in an amount not less than the full cost of replacement of all Additional
Alterations, Special Improvements, Tenant’s FF&E and other contents in or on the Premises; and

(3) Worker’s Compensation insurance as required by law.

(b) All liability coverage components of Tenant’s Insurance will name both Landlord and
Tenant as insured (and/or such additional party or parties as Landlord may require) and will be
issued by insurance carriers qualified to provide insurance in the State of Arizona and otherwise
reasonably acceptable to Landlord. Tenant agrees to furnish Landlord, on or before the
Commencement Date, with certificates of Tenant’s Insurance (to be followed by policies if
required by Mortgagee) showing that insurance meeting the requirements of this Lease was
obtained and fully paid by Tenant, and providing that each issuing insurance carrier notify
Landlord in writing at least thirty (30) days prior to and as a condition to any cancellation,
expiration or modification of such insurance.

9.2. Waiver

Notwithstanding the provisions of this Paragraph 9, Tenant and Landlord each waive any
and all rights of recovery against the other, or against the Related Parties of the other, for loss of
or damage to such waiving party or its property or the property of others under its control, but
only to the extent that: (a) such loss or damage is insured against and recovery actually occurs

under any insurance policy in force at the time of such loss or damage; and (b) such insurance
policies permit and do provide for such waiver.

10. Utilities and Services
10.1 Maintenance of Utilities and Services

Landlord will furnish to the Premises the following services:

(a) Electric current (110 Volt AC) for normal lighting purposes and operation of small
business machines as permitted by and consistent with Tenant’s Permitted Use; and

(b) Water service, subject to the imposition of mandatory use or quantity limitations by
applicable water providers.

Tenant is responsible for all cleaning and janitorial services, internet, cable television, alarm
services, phone and routine and/or general maintenance, and other operating costs required for its
operation in the Premises.

10.2 Interruption of Utilities

Landlord is in no event liable for any interruption or failure of utility services at the Premises
or Project. Landlord also is in no event liable for any reduction of energy consumption within the
Premises or Project required by Applicable Law, and nor will such reduction affect this Lease.
Notwithstanding the preceding sentence, if such interruption or failure continues for more than
thirty (30) consecutive days and is not caused by the act or failure to act of Tenant or its Related
Parties, Tenant will have the right to offset the Base Rent by providing Landlord written notice of
the interruption or failure at least thirty (30) days prior to commencement of such offset.

11. Maintenance and Repair

11.1 Electrical and Plumbing

Subject to the provisions of Paragraphs 10 and 13, Landlord will repair and maintain the
systems and utilities at the Project, but not inside the walls of or underneath the Premises.
Examples of such systems and utilities include plumbing and electrical in its general current
condition. Except as provided in Paragraph 13, there will be no abatement of Rent, or liability
of Landlord, by reason of an injury to or reasonable interference with Tenant’s business arising
from accomplishing any such repairs or maintenance in or to any portion of the Project, and
Tenant expressly waives any claim arising and constituting a “constructive eviction” (or
equivalent situation) resulting from any such repairs or maintenance, except to the extent caused
by Landlord’s intentional act or gross negligence.

11.2 Tenant Repair

Tenant will repair and maintain the systems and utilities inside the walls of and underneath the
Premises, including the plumbing and electrical in its general current condition. Tenant agrees to
at all times (a) maintain the Premises in a condition in compliance with Applicable Law and
compatible with a comparable office building, including the making of all repairs to the Premises
(for all repairs needed inside the walls of and underneath the Premises, including but not limited
to systems and utilities) and the performing of all redecorating, remodeling, alterations and
painting required by Tenant and permitted by Landlord during the Term; (b) pay for any repairs to
the Premises or the Project resulting from any misuse or neglect of Tenant or its Related Parties
(including by way of example only excessive wear to carpeted or hardwood floored areas

resulting from failure to use appropriate carpet casters or floor mats); and (c) otherwise maintain
the Premises in a safe, clean, neat and sanitary condition. Tenant understands this obligation
includes a duty on the part of Tenant to pick up and dispose of Tenant’s own trash and waste. In
addition, Landlord will periodically inspect the roof of the commercial building at the Premises
and discuss Landlord’s findings with Tenant.

12. Damages to Property; Injury to Person

Tenant agrees to defend (with counsel reasonably acceptable to Landlord) and indemnify and
hold Landlord and its Related Parties harmless for, from and against any and all (a) liabilities,
claims or damage or injury arising from Tenant’s or its Related Parties’ use and occupancy of,
and activities on, the Premises and Project; (b) claims, liabilities or damages arising from any
failure of Tenant to perform its obligations under this Lease, or arising from any act or negligence
of Tenant or its Related Parties; and (c) costs, attorneys’ fees, expenses and liabilities incurred by
Landlord in connection with any of the foregoing (including those incurred in or relating to any
action or proceeding brought against Landlord).

13. Damage or Destruction

13.1 Landlord’s Obligation to Repair

In the event all or substantially all of the Premises or the Project are destroyed by fire or any
other casualty so as to become unusable, or by casualty not insured by Landlord’s Insurance (all
of which is referred to as a “Terminable Damage”), Landlord may elect to terminate this Lease,
effective as of the date of such Terminable Damage, by written notice to Tenant within ninety
(90) days after the occurrence of the Terminable Damage. In the alternative, Landlord, in its sole
discretion, may elect to repair or rebuild the Premises or the Project as promptly as possible at the
expense of Landlord; provided that in the event Landlord elects to repair or rebuild but fails to
substantially complete such repair or rebuilding within one hundred eighty (180) days after such
Terminable Damage occurs (extended one (1) day for each day delay due to causes beyond the
reasonable control of Landlord), then either Landlord or Tenant may terminate this Lease by
written notice to the other given within ten (10) days after expiration of such one hundred eighty
(180) day period (as and if so extended).

(a) If the Premises or the Project is partially damaged or injured by an insured casualty (a
“Non-Terminable Damage”), Landlord will promptly repair or rebuild the Non-Terminable
Damage. In the event Landlord fails to substantially complete such repair or rebuilding within
one hundred eighty (180) days after such Non-Terminable Damage occurs (extended one (1) day
for each day delay due to causes beyond the reasonable control of Landlord), then either Landlord
or Tenant may terminate this Lease by written notice to the other given within ten (10) days after
the expiration of such one hundred eighty (180) day period.

(b) In connection with any repair or rebuilding by Landlord (a “Restoration’”), should there be
material interference with Tenant’s Permitted Use of the Premises not caused by Tenant or its

Related Parties, Tenant is entitled to a proportionate abatement of the Base Rent while such
Restoration is pending, to the extent such Restoration actually interferes with Tenant’s Permitted
Use; provided, Base Rent will not abate if the damage subject to Restoration was caused by
Tenant or its Related Parties.

13.2 Termination by Landlord

Notwithstanding anything contained in this Lease to the contrary, in the event any Mortgagee
requires the application of any proceeds of Landlord’s Insurance pursuant to the corresponding
Mortgage, other than to Restoration, Landlord will have the right to terminate this Lease by
delivering written notice of such termination to Tenant. Upon delivery of notice all rights and
obligations of Tenant and Landlord will cease and terminate. Except to the extent caused by
Landlord’s intentional acts or gross negligence, Tenant will not have any claims (whether for
damages, compensation, inconvenience, loss of business, annoyance or otherwise) as a result of
any Restoration under or termination of this Lease pursuant to this Paragraph 13.

14. Condemnation

If all or any part of the Premises are taken for public or quasi-public use under any Applicable
Law, eminent domain, or consent to sale in lieu of eminent domain (a “Taking”), then
if such Taking renders the Premises unusable for Tenant’s Permitted Use, this Lease will
terminate (as to all rights and obligations of Tenant and Landlord), as of the date of transfer of
possession of the portion of the Premises subject to the Taking.

15. Sale by Landlord

Landlord may sell, transfer, encumber, assign or otherwise dispose of the Premises, the
Project or this Lease (a “Landlord Transfer”), at any time without the consent of Tenant. Upon
any such Landlord Transfer (other than granting a Mortgage), Landlord is relieved of all
obligations under this Lease on the condition that Landlord’s successor-in-interest (“Landlord’s
Transferee”) will expressly assume such obligations. Upon the closing of any Landlord Transfer,
either party (either Tenant or Landlord’s Transferee) will have the option to terminate this Lease
upon ninety (90) days’ written notice to the other party, and neither party will have any further
obligations to the other party, including but not limited to any financial obligations. This option
exists for the first forty-five (45) days following the closing of any Landlord Transfer. This Lease
is not otherwise affected by any Landlord Transfer, and Tenant agrees in all respects to recognize
Landlord’s transferee as the “Landlord” under this Lease.

16. Assignment and Subletting

16.1 No Unauthorized Assignment

Tenant will not (a) assign, transfer, mortgage, pledge, hypothecate or encumber this Lease, or
any interest in this lease; (b) sublet the Premises or any part of the Premises, or any right or
privilege appurtenant to the Premises; (c) assign or transfer twenty percent (20%) or more of the
equity, ownership, beneficial or controlling interest in Tenant (if Tenant is an entity other than a
natural person); or (d) allow any person (except Tenant and its Related Parties) to occupy or use
the Premises, or any portion of the Premises (any of the preceding is referred to in this Lease as a
“Tenant Transfer”) without obtaining the prior written consent of Landlord, which consent may
be withheld by Landlord in its sole discretion (“Landlord’s Consent”).

16.2 Consent Not a Waiver

Any consent obtained under this Lease to one Tenant Transfer is not deemed (a) Landlord’s
Consent to any subsequent Tenant Transfer, or (b) a waiver of Landlord’s right to withhold
Landlord’s Consent as to any subsequent Tenant Transfer.

16.3. Landlord Bound

Any Tenant Transfer permitted under this Lease will expressly provide, and is permitted
solely upon the conditions that (a) the transferee, assignee or sublessee, as the case is (“Tenant
Transferee”), is fully bound to Landlord, its successors or assigns, by full privity of contract, as
well as by privity of estate; (b) each such Tenant Transferee is fully bound to perform all
covenants of this Lease; and (c) neither the initial named Tenant nor any subsequent Tenant
Transferee is relieved of all or any liability under this Lease; and (d) an appropriate document
evidencing the Tenant Transfer, executed by all relevant parties, is delivered to Landlord.

16.4 Void Without Consent

Any Tenant Transfer without the Landlord’s Consent is void and will, at the option of
Landlord and upon written notice to Tenant, terminate this Lease.

16.5 Fees

Tenant will pay Landlord’s reasonable attorneys’ fees and costs in connection with
considering any request for Landlord’s Consent to any Tenant Transfer.

17. Estoppel Certificate
17.1 Delivery

Within ten (10) days following any written request from Landlord (or any Mortgagee),
execute, acknowledge and deliver to Landlord (or Mortgagee) any written statement reasonably
so requested a (“Tenant Statement”), executed by Tenant and certifying:

(a) Whether this Lease is in full force and effect, and stating the nature of any modifications
to this Lease;

(b) The dates to which Rent and other charges are paid in advance, if any;
(c) The amount of any Deposit paid by Tenant;

(d) Whether to Tenant’s knowledge, there are any defaults on the part of either Tenant or
Landlord, and if there are such defaults specifying the details of which; and

(e) The status of such other matters as is reasonably requested by Landlord or Mortgagee.

17.2 Reliance

Any prospective purchaser or lender considering buying or making a loan with respect to all
or any portion of the Premises or Project may rely upon a Tenant Statement. Tenant’s failure to
timely deliver a Tenant Statement will authorize Landlord to execute the Tenant Statement for
and on behalf of Tenant and is conclusive upon Tenant that:

(a) This Lease is in full force and effect, without modification except as represented by
Landlord;

(b) There are no uncured defaults in Tenant’s or Landlord’s performance except as
represented by Landlord; and

(c) Not more than one (1) month’s rent has been paid in advance.
18. Reserved.

19. Default
19.1 Landlord’s Rights Upon Tenant Default
(a) The following constitutes a default (an “Event of Default”) by Tenant under this Lease:

(1) Tenant (or any guarantor) fails to pay any Rent or other sum required by this Lease or a
guaranty to be paid to Landlord within ten (10) days (without notice) following the due date of
such obligation (a “Monetary Default”);

(2) Tenant (or any guarantor) breaches, or fails to perform any obligation of Tenant or any
guarantor under this Lease or a guaranty (other than a Monetary Default) and fails to cure such
default within ten (10) days after written notice of such default (extended for any time reasonably
required to promptly commence and continuously and diligently effect such cure, although in no
case will an extension exceed thirty (30) days);

(3) Tenant (or any guarantor) fails to perform any obligation of Tenant or any guarantor under
this Lease or a guaranty (other than constituting a Monetary Default) that is not reasonably
susceptible to cure;

(4) Tenant’s interest in this Lease is terminated or assigned by operation of law or otherwise,
including, without limitation, the filing of a petition by or against Tenant (or any member or
equity holder of Tenant if Tenant is a partnership, joint venture or other entity) or any Guarantor
under any insolvency or bankruptcy act;

(5) Tenant (or any guarantor) makes a general assignment for the benefit of creditors;
(6) Tenant (or any guarantor) becomes insolvent; or

(7) Tenant (or any guarantor) defaults under any other agreement between Tenant (or
guarantor) and Landlord.

(b) Upon the occurrence of an Event of Default, Landlord, in addition to any other rights and
remedies it may have under this Lease or Applicable Law (including at law or in equity), will
have the right (without any further demand or notice) to pursue any one or more of the following
remedies:

(1) Re-enter the premises without breach of the peace and without liability for damages or
injury sustained by reason of such re-entry;

(2) With or without termination of this Lease, lock the doors to the Premises and exclude
Tenant and its Related Parties from the Premises;

(3) Retain or take possession of any property belonging to Tenant upon the Premises
(including any of the Tenant’s FF&E) pursuant to Landlord’s landlord lien or Landlord’s Security
Interest, and remove and store such property in a public warehouse or elsewhere at the cost of and
for the account of Tenant, with Landlord not in any event liable for any damage or loss to such
property except to the extent due to Landlord’s gross negligence or intentional acts:

(4) Terminate this Lease by written notice to Tenant, in which event Tenant will have no
further interest in this Lease or in the Premises;

(5) Sue and recover from Tenant all damages Landlord has then incurred or may incur by
reason of Tenant’s Event of Default, including but not limited to: (i) the cost of recovering the
Premises; (ii) other costs and reasonable attorneys’ fees; and (iii) the value at the time of such
termination of an amount equal to the Rent and charges payable absent such Event of Default or
any termination of this Lease for the remainder of the Term to the extent exceeding the then-
reasonable rental value of the Premises for the remainder of the Term;

(6) Sue for Rent or any other sums due or to become due to Landlord under this Lease;

(7) Render any or all payments or performances required of Tenant, other than the payment of
the Base Rent, and charge all costs and expenses incurred in connection with such action to
Tenant, with all amounts so charged due and payable immediately to Landlord upon presentment
of a statement to Tenant;

(8) Suspend or discontinue any or all of the services provided to the Premises pursuant to
Paragraph 10 during the continuance of any such Event of Default;

(9) Without termination of this Lease, relet the Premises or any part of the Premises (a
“Reletting”), as agent and for the account of Tenant, upon such terms and conditions as Landlord,
in its sole discretion, may deem advisable, with the right of Landlord to make alterations and
repairs to the Premises (the expense of which constitutes an indebtedness from Tenant to
Landlord that is immediately payable). If the rents received from such Reletting during any
month of the Term are less than that to be paid during that month by Tenant, Tenant will pay any
such deficiency to Landlord, and Landlord may bring a legal action or actions as such monthly
deficiencies arise. No such re-entry, taking possession, or Reletting by Landlord is construed as
an election on Landlord’s part to terminate this Lease unless: (i) clear and specific written notice
of such termination is given by Landlord to Tenant; or (ii) such termination is decreed by a court
of competent jurisdiction. Notwithstanding any such Reletting or other action by Landlord
without termination, Landlord may, at any time, elect to terminate this Lease; and/or

(10) Pursue any and all other remedies available under Applicable Law.

19.2 Late Charges

In the event Landlord fails to receive any installment of Rent or any other sum due under this
Lease within ten (10) days after such payment is due, Tenant will pay to Landlord, as additional
Rent, a late charge (the “Late Charge”) equal to five percent (5%) of such delinquent payment
(which Landlord and Tenant agree is a negotiated sum to compensate Landlord for Landlord’s
expense and effort in receiving and processing a late payment and not a penalty). The provision
for such Late Charge is in addition to, and not in lieu of, all of Landlord’s other rights and
remedies under this Lease or at law, and is not construed as liquidated damages or as limiting
Landlord’s remedies or Tenant’s obligations and liabilities in any manner.

19.3. Landlord’s Default

(a) In the event Landlord fails to perform on any of its material obligations under this Lease
and such failure continues for thirty (30) days after written notice from Tenant to Landlord, such
failure then constitutes a default by Landlord entitling Tenant to exercise rights and remedies
pursuant to Applicable Law (“Tenant’s Remedies”); provided, that:

(J) If the nature of Landlord’s non-performance reasonably requires more than thirty (30)
days to cure, Landlord is not in default if Landlord commences performance within such thirty
(30) day period and then diligently prosecutes the performance until completion;

(2) Tenant will serve notice of any alleged non-performance or default by Landlord under this
Lease upon any Mortgagee under a Mortgage (so long as Tenant was previously notified
regarding the existence of the Mortgage); and

(3) Notwithstanding any other provision of this Lease (including this Paragraph 19.3),
Tenant will, prior to exercising any Tenant’s Remedies, allow each Mortgagee a reasonable
amount of time (but not less than thirty (30) days), after the expiration of the notice and cure
period applicable to Landlord, to cure such non-performance (including such time as is
reasonably necessary for such Mortgagee to complete foreclosure or other proceedings under the
Mortgage, resulting in Mortgagee obtaining ownership and/or possession of the Project from
Landlord).

(b) Tenant agrees it will look solely to the estate and property of Landlord in the Project,
subject to the prior right of any Mortgagee, for the collection of any judgment (or other judicial
process) or other satisfaction of Tenant’s Remedies.

19.4 Surrender of Premises

No act or conduct of Landlord, whether consisting of the acceptance of the keys to the
Premises or otherwise, is deemed or will constitute an acceptance of or surrender of the Premises
by Tenant to Landlord prior to the expiration of the Term, with such acceptance by Landlord (or
surrender by Tenant to Landlord) only effected and evidenced by written acknowledgment of
acceptance or surrender signed by Landlord.

20. Access by Landlord

Upon reasonable notice to Tenant, Landlord and its Related Parties have the right to enter the
Premises at all reasonable times, including before or after usual business hours, for the purpose
of:

(a) Inspecting the Premises, making repairs to the Premises, maintaining or adding any
services provided by Landlord, and performance of any of the functions named in this Paragraph
20(a) with respect to tenant space or Common Areas adjacent to the Premises;

(b) Showing the Project or Premises to any current or prospective Mortgagee, tenants, buyers
or similar parties;

(c) During the last three (3) months of the Term, or of any extension to the Term, placing on
or about the Premises appropriate signs indicating that the Premises are available for sale or lease;
and

(d) Any other reasonable activity permitted by Applicable Law.

21. Subordination, Non-disturbance and Attornment

21.1. Subordination

This Lease automatically is subordinate to the lien of any Mortgage previously or
subsequently placed upon or affecting the Premises or the Project, to any and all advance made or
to be made under such Mortgage, to the interest or the obligations secured by such Mortgage, and
to all renewals, replacements and extension of such Mortgage (the “Tenant Subordination”). In
the event any proceedings are brought for default under any such event of foreclosure, exercise of
power of sale, transfer in lieu of foreclosure, or exercise of other remedy under any such
Mortgage, Tenant will attorn to the Mortgagee, purchaser upon foreclosure or other sale, or other
successor in ownership to the Project or Premises (a “Successor Owner”) as Landlord under this
Lease (“Tenant Attornment”), provided that as a condition to such Tenant Attornment, Tenant’s
rights under this Lease will continue and not be terminated or disturbed, except in accordance
with this Lease.

21.2 Subordination Agreements

Tenant will execute any instrument reasonably requested by Landlord or any Mortgagee to
confirm the Tenant Subordination (a “Subordination Agreement”), provided such Subordination
Agreement confirms this Lease, and Tenant’s rights under this Lease, will not be terminated or

disturbed except in accordance with this Lease.

21.3 Limitations

Any Tenant Attornment, whether pursuant to a Subordination Agreement or otherwise, will
not require or cause any Successor Owner to be:

(a) Liable for any act or omission of a prior Landlord under this Lease (a “Prior Landlord”);
(b) Subject to any offsets or defenses that Tenant may have against any Prior Landlord;

(c) Bound by any Rent or additional Rent Tenant might have paid in advance to any Prior
Landlord for a period in excess of one (1) month;

(d) Bound by any agreement or modification of the Lease made without the prior consent of
Mortgagee; or

(e) Liable for the return of the Deposit to the extent not delivered to such Successor Owner.

21.4 Superior Lease

If any Mortgagee elects to make this Lease superior to its Mortgage and gives notice of such
election to Tenant:

(a) This Lease will then become superior to the effect or lien of such Mortgage; and

(b) Tenant will execute and deliver, following demand from Mortgagee, such further
instruments evidencing subordination of such Mortgage to this Lease.

22. Surrender of Premises and Holding Over

22.1 Surrender

Except as provided in this Lease, upon the expiration or earlier termination of this Lease (the
“Move-out Date”), Tenant will quit and surrender the Premises, in good condition and repair
(reasonable wear and tear excepted) and otherwise as required by this Lease (including provisions
relating to Additional Alterations and Tenant’s FF&E). If the Premises are not so surrendered by
the Move-out Date, Tenant will indemnify Landlord against any loss or liability resulting from
delay by Tenant in so surrendering the Premises, including without limitation, any claims made
by any succeeding tenant based on such delay. If Tenant remains in possession of the Premises
after the expiration of this Lease (a “Hold-Over”), such Hold-Over is construed as a tenancy from
month-to-month, subject to all the provisions of this Lease except that the Base Rent will
automatically increase as follows:

(a) Base Rent will increase six percent (6%) for the first ninety (90) days of such Hold-Over;
and

(b) Base Rent will increase fifty percent (50%) for any Hold-Over period after such initial
ninety (90) day period.

In the event this Lease so becomes a month-to-month tenancy, Tenant will: (i) pay Landlord
the Base Rent increased by the amounts described in this paragraph, together with all other sums
due and owing to Landlord; and (ii) render all other performances, each as if this Lease remained
in effect during the Hold-Over. Nothing contained in this Lease is construed as Landlord’s
permission for Tenant to hold over or to limit Landlord’s remedies in the event of any such Hold-

Over.
22.2 Return of Keys

Upon termination of Tenant’s right to possession of the Premises, Tenant will within seven (7)
days return to Landlord all keys previously provided to or obtained by Tenant. In the event
Tenant fails to return such keys to Landlord, Tenant will pay all necessary costs incurred in re-
keying the locks for the Premises or Project (as appropriate).

22.3 Title to Tenant’s Property
Title to any property remaining on the Premises and Project following Tenant’s departure

from the Premises and Project, including but not limited to Tenant’s FF&E, will at Landlord’s
option and upon written notice to Tenant, transfer to and vest in Landlord or its designee.

23. Quiet Enjoyment

Upon compliance with and subject to the provisions of this Lease, Tenant will peaceably and
quietly have, hold and enjoy the Premises for the Term without interference from Landlord;
provided, this right does not extend to any disturbance, act, or condition caused or committed by
any other tenant or occupant of the Project, or by any third party. In the event Tenant suffers any
damage resulting from the acts of any other tenant or occupant of the Project, Tenant is
subrogated to any rights of action Landlord may have against such other tenant or occupant for
any damages or other liability.

24. Signs and Lighting

24.1 Signage

Tenant may place one sign on or outside the Premises at a location mutually agreed upon by
Landlord and Tenant and allowed by City of Phoenix zoning ordinances. Tenant is solely
responsible for any cost associated with such signage.

24.2 Other Signage

Tenant will not erect or place any sign, lettering or design that is visible from any Common
Areas or the exterior of the Premises or Project except:

(a) In compliance with all applicable ordinances and other laws; and

(b) With Landlord’s prior written approval, which Landlord may withhold in its sole
discretion.

25. Force Majeure

If either party to this Lease is delayed or prevented from the performance of any act required
under this Lease by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, inability
to procure materials, restrictive governmental laws or regulations or other cause without fault and
beyond the control of the obligated party (financial inability or payments of moneys excepted),
performance of such acts is excused for the period of delay; provided, however, nothing in this
Paragraph 25 excuses Tenant from the prompt payment of any Rent or other sum except as is
expressly provided elsewhere in the Lease.

26. Brokers’ Commissions

Tenant and Landlord each (a) represent and warrant to the other that there are no claims for
brokerage commissions or finder’s fees (“Lease-Related Fees”) in connection with this Lease and
(b) agree to indemnify and hold the other harmless for, from and against all liabilities arising from